Companies mentioned in the Company Law of People's Republic of China (PRC) refer to limited liability companies and joint stock limited companies established in China. Companies mentioned in China's company law have their specific scope of application:
1. According to the principle of territoriality, it is a company established in China according to the Company Law;
2. The organizational form is limited to limited liability companies and joint stock limited companies. Legislation does not stipulate the organizational form of other companies, and it is not allowed to be established in practice.
2. What are the characteristics of a joint stock limited company?
1, Limited by Share Ltd is an independent Economic legal;
2. The number of shareholders of a joint stock limited company shall not be less than the quorum. For example, according to French regulations, the number of shareholders should be at least 7;
3. The shareholders of a joint stock limited company shall bear limited liability for the debts of the company, and the liability limit shall be the number of shares payable by the shareholders;
4. All the capital of a joint stock limited company is divided into equal shares, and funds are raised through public offering. Anyone can become a shareholder of the company after paying the shares, and there is no qualification restriction;
5. The shares of the company can be freely transferred, but they cannot be withdrawn;
6. The company's accounts must be made public, so that investors can know about the company and make choices;
7. The establishment and dissolution of the company have strict legal procedures and complicated procedures.
3. What is the organizational structure of a joint stock limited company? The organization of a joint stock limited company mainly includes:
1, the decision-making body is a collective body composed of more than two directors. It is the permanent management organization of the company, which conducts business internally, represents the company externally and is responsible to the shareholders' meeting. The functions and powers of the board of directors mainly include: expressing opinions or making decisions on various business matters on behalf of the company, and organizing the implementation and enforcement of these decisions; Except the matters decided by the shareholders' meeting, the specific matters in the daily business activities of the company shall be decided by the board of directors.
2. Executive organization The executive organization is an executive organization composed of the general manager and his assistants, and is responsible for the daily operation of the company.
3. Supervisory organization Supervisory organization refers to the organization that supervises the business activities carried out by the board of directors. It is the permanent organization of the company, elected by the shareholders' meeting from among the shareholders, and may not be concurrently held by directors or managers. The functions and powers of the board of supervisors mainly include: attending board meetings as nonvoting delegates, supervising the activities of the board of directors, listening to the reports of the board of directors regularly and at any time, and preventing the board of directors from violating laws and articles of association; Investigate the business and financial status of the company at any time, and consult account books and other documents; Review the settlement statement and liquidation report at the time of liquidation of the company; Convene a general meeting of shareholders; Handling or suing directors on behalf of the company. To sum up, the latest version of China's company law has been promulgated, and the contents and terms have been revised a lot to better adapt to the market economy. The company law mainly regulates limited liability and joint stock limited companies, and other types of legal persons are not within its legislative scope. The company law includes many chapters, which make detailed provisions for both types of companies, and list the legal responsibilities at the back. Companies mentioned in China's company law have their specific scope of application:
1. According to the principle of territoriality, it is a company established in China according to the Company Law;
2. The organizational form is limited to limited liability companies and joint stock limited companies. Legislation does not stipulate the organizational form of other companies, and it is not allowed to be established in practice.
2. What are the characteristics of a joint stock limited company?
1, Limited by Share Ltd is an independent Economic legal;
2. The number of shareholders of a joint stock limited company shall not be less than the quorum. For example, according to French regulations, the number of shareholders should be at least 7;
3. The shareholders of a joint stock limited company shall bear limited liability for the debts of the company, and the liability limit shall be the number of shares payable by the shareholders;
4. All the capital of a joint stock limited company is divided into equal shares, and funds are raised through public offering. Anyone can become a shareholder of the company after paying the shares, and there is no qualification restriction.
5. The shares of the company can be freely transferred, but they cannot be withdrawn;
6. The company's accounts must be made public, so that investors can know about the company and make choices;
7. The establishment and dissolution of the company have strict legal procedures and complicated procedures.
legal ground
Company Law of the People's Republic of China
Article 2 The term "company" as mentioned in this Law refers to limited liability companies and joint stock limited companies established in China according to this Law.
Article 23 To establish a limited liability company, the following conditions shall be met:
(1) Shareholders meet the quorum;
(2) The capital contribution subscribed by all shareholders in accordance with the Articles of Association;
(3) Shareholders * * * agree to formulate the Articles of Association;
(4) Having a company name and establishing an organization meeting the requirements of a limited liability company;
(5) Having a company domicile.